How Car Accident Settlements Are Calculated

How to Maximize Your Nebraska Car Accident Settlement

The aftermath of a car accident can be overwhelming, and you may not know how to protect your rights. Fortunately, you can take several steps to maximize your settlement and increase your chance of maximum compensation. These actions include the following:

• Seeking Immediate Medical Attention: Even if you feel fine after a car accident, it is essential to seek immediate medical attention to identify any potential injuries or concerns. This creates a medical record of your injury with notes about the cause.
• Taking Pictures and Videos: Physical evidence of the untouched car accident scene is one of the strongest forms of evidence that strengthens your claim. Photos and videos can prove the damages done to your vehicle and your injuries.
• Calling the Police: When police arrive at the scene, they create an official report that contains important information about the accident, including who may be liable and damages.
• Getting Witness Information: If anyone witnessed your accident, you can get their contact information so they can provide valuable insight into who caused it and the resulting damages.
• Contact an Experienced Lawyer: Contacting a seasoned and trustworthy attorney as soon as possible allows you to focus on recovery while increasing your likelihood of achieving a fair settlement. 

With this information and the support of our dedicated lawyers at Knowles Law Firm, you can rest assured every damage you suffered will be accounted for and fought for throughout the legal process.

What Factors Determine the Value of Your Nebraska Car Accident Settlement?

According to the Insurance Information Institute, the average auto liability claim for bodily injury was $24,211. However, this amount varies widely depending on the specific details of the accident. When calculating your settlement, we consider several factors, including the following:

Severity of Your Injuries

If you sustained minor injuries, you may still recover damages, but your settlement may be lower than those involving catastrophic or more severe injuries. When calculating your claim’s value, we consider how your injuries have impacted your life physically, emotionally, and financially.

Insurance Offer

Insurance companies often implement tactics to undermine your claim, using what you say against you, blaming you for the accident, and offering you a lowball settlement. Instead of settling for the first offer you receive, we fiercely advocate for the maximum compensation you deserve by building a solid claim with evidence that proves liability and the damages you suffered.

Comparative Negligence

If you are partially responsible for a car accident, you may still receive a settlement with Nebraska’s modified comparative negligence system. However, your compensation may be reduced. With this rule, each party involved is assigned a percentage of fault, which gets deducted from their respective damages. Those over 50% responsible for an accident cannot receive compensation.

For instance, if you are 20% at fault, and your claim is worth $150,000, your compensation is reduced by 20%, and you will receive $120,000. While this system allows you to recover damages if you share a portion of the blame for an accident, insurance adjusters often use it to blame you for the crash unfairly.

Our knowledgeable car accident attorneys understand this system and negotiate with adjusters to ensure you receive a fair percentage of fault and settlement based on your unique circumstances.

Treatments Received

Medical bills typically make up the majority of a car accident settlement, so they play a significant role in the value of your claim. The type of care you receive, how long you stay in the hospital, your ambulance ride, and your long-term care needs contribute to your medical bills and the compensation you may receive for your injuries.

Typically, the more treatment you need, the higher your settlement value.

What Types of Damages May You Recover After a Car Accident in Nebraska?

The impact of car accident injuries often extends beyond physical. You may experience emotional, psychological, and financial damages as well. At Knowles Law Firm, we believe all these losses deserve recognition and reimbursement. The two types of potentially recoverable damages in Nebraska include both economic and non-economic damages.

What Are Economic Damages?

Economic damages are those with an objective, monetary value. These damages often include the following:

• Past, present, and future medical bills
• Loss of earning capacity
• Lost wages from missed work
• Surgery costs
• Prescribed medications
• Physical therapy
• Caregiving services
• Assistive medical devices

We use evidence and information, such as medical bills, invoices, receipts, pay stubs, and tax returns, to accurately calculate these damages, including the costs of your future treatment.

What Are Non-Economic Damages?

In contrast, non-economic damages have a subjective, non-monetary value. Common examples of these types of damages include the following:

• Pain and suffering
• Mental anguish
• Emotional distress
• Disability or disfigurement
• Loss of consortium
• Reduced quality of life

Non-economic damages are often more challenging to calculate due to their abstract nature. We use personal statements, witness testimony, and expert opinion to prove and calculate these losses as part of your car accident settlement.

In many states, car accident victims may also recover punitive damages, which serve as a punishment for the liable party if they acted with gross negligence or malicious intent. However, this type of damage is considered unconstitutional in Nebraska, so it cannot be part of your car accident settlement.

How Long Do You Have to Pursue Compensation for Car Accident Injuries in Nebraska?

After suffering injuries in a car accident, you have a limited time to file a claim. According to Nebraska law, you have four years from the date of the crash to do so. While this may seem like plenty of time, your recovery and the complexity of the legal process can make it challenging to meet this deadline.

If you are involved in an accident with a governmental entity, such as the police, city, or state vehicle, the time to make a claim may be as short as one year.

Fortunately, you don’t have to handle it alone. Our efficient lawyers at Knowles Law Firm work promptly to gather and analyze evidence, build a strong claim, and inform you of any potential exceptions to the statute of limitations based on your unique situation. With our guidance and comprehensive services, you can focus on healing while we fiercely pursue the compensation you deserve.

When Do You Have to Pay a Nebraska Car Accident Lawyer?

With the financial toll car accident injuries can have on your life, you may be hesitant to hire a lawyer to help file your claim. At Knowles Law Firm, we understand this concern, so we operate on a contingency fee basis. This means you only have to pay us if we win your case.

When you hire us, you don’t need to pay any money right away. We offer our clients free consultations to discuss their accidents, answer their questions, and review their legal options. With this affordable system, you can feel confident having a lawyer who fights for your rights and a successful outcome.

How a Lawyer Can Help With Your Nebraska Car Accident Claim

Dealing with insurance adjusters and understanding the legal process after sustaining injuries in a car accident due to someone else’s negligence can be overwhelming. Our skilled lawyers at Knowles Law Firm take these legal burdens off your plate and fiercely advocate for the compensation you deserve.

We provide unmatched comprehensive services, handling every aspect of your claim, including the following:

• Calculating your claim’s value
• Conducting a thorough investigation
• Collecting and reviewing evidence
• Interviewing witnesses
• Using our legal knowledge to answer your questions
• Utilizing resources, such as accident reconstructionists and traffic analysts, to strengthen your claim
• Filing your claim properly
• Negotiating with insurance adjusters on your behalf
• Taking your claim to court if necessary

Acting quickly after a car accident is essential for securing a fair settlement, so don’t hesitate to reach out to us to learn more about your rights. With this knowledge, you can make informed, confident decisions for your future.